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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On June 17, 2007, Han Bank Co., Ltd. (hereinafter “I Bank”) loaned KRW 86,500,000 to the Defendant at the rate of 19% per annum on September 16, 2007, interest rate of KRW 6.6% per annum, and damages for delay rate of KRW 19% per annum.
(hereinafter “instant loan”). At that time, Han Bank was established by the Defendant as a collateral on the Defendant’s real estate.
Securities number debtors B A 13,475,000 won for each type of loan covered by the insurance coverage period, from June 17, 2007 to September 16, 2007, for household general financing loans.
B. Around that time, Han Bank concluded a credit insurance contract with the Plaintiff (hereinafter “instant insurance contract”) and its main contents are as follows.
Article 1 of the General Terms and Conditions of Credit (hereinafter referred to as the "Terms and Conditions of Credit") provides that the plaintiff is unable to perform any of the obligations stipulated in any contract (including collateral; hereinafter referred to as "mortgage") establishing a mortgage (hereinafter referred to as "principal contract") on real estate as security for performance of obligation, and thus, the insured (hereinafter referred to as the "insured") who is both a creditor under the principal contract and a mortgagee under the principal contract arising out of the occurrence of an insured event under Article 12 (hereinafter referred to as "insured") is bound to compensate for any property loss arising from the occurrence of an insured event under Article 12.
Article 12 (Aggravated Occurrence of Insured Events) The plaintiff shall be deemed to have caused the insured events when there are the following causes:
(2) The insured under Article 14 (1) (1) shall, if an insured event occurs, notify the company without delay and file a claim for insurance proceeds with the company by submitting the following documents, when the debtor fails to fulfill his/her obligations by the deadline separately stipulated in the comprehensive agreement under Article 3.
(1) Insurance money claims.